- 1 - HC-KAR NC: 2026:KHC:6209 RPFC No. 29 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA REV.PET FAMILY COURT NO. 29 OF 2023 BETWEEN: SRI. RAJENDRA PRASAD, AGED ABOUT 40 YEARS, S/O LATE K P RAMACHANDRA, R/AT D. NO. 35 KHB COLONY, BANNUR ROAD, MANDYA - 571401. …PETITIONER (BY SMT.MOHANA KUMARI B. V., ADVOCATE) AND: 1. SMT. AISHWARYA. B AGED ABOUT 23 YEARS W/O SRI K R RAJENDRA PRASAD 2. RAYAAN GOWDA, AGED ABOUT 3 YEARS, S/O SRI K R RAJENDRA PRASAD, MINOR REP BY NATURAL GUARDIAN AND MOTHER SMT AISHWARYA B., Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6209 RPFC No. 29 of 2023 NO. 275/5, 4TH CROSS, DURGADEVI TEMPLE ROAD, NAZARBAD, MYSURU - 570010 …RESPONDENTS (BY SRI. SAMSHRITHA R., ADVOCATE FOR SRI. AKARSH KUMAR GOWDA, ADVOCATE FOR R1; R2 IS MINOR REP BY R1) THIS RPFC FILED U/S.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 06.01.2022 PASSED IN Crl.MISC.NO.606/2020 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU PARTLY ALLOWING THE PETITION FILED U/S.125 OF Cr.P.C FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:6209 RPFC No. 29 of 2023 ORAL ORDER Heard Ms.Mohana Kumari B.V., learned counsel for the petitioner, as well as Ms.Samashritha R., who represents Sri.Akarsh Kumar Gowda, learned counsel on record for the respondents. 2. Challenge in this revision petition is the order that is rendered by the Court of II Additional Principal Judge, Family Court, Mysuru, in Criminal Miscellaneous Case No.606/2020 dated 06.01.2022. 3. The relationship between the parties is not in dispute. Thus, petitioner herein is the husband of respondent No.1 and father of the respondent No.2. 4. Respondents filed a petition under Section 125 Cr.P.C. seeking the Court to direct the petitioner herein to pay them a sum of ₹30,000/- per month towards maintenance. The Court through the impugned order directed the petitioner herein to pay respondent No.1 a sum of ₹8,000/- per month during her lifetime or till the - 4 - HC-KAR NC: 2026:KHC:6209 RPFC No. 29 of 2023 petitioner takes respondent No.1 back to his marital life. The Court also directed the petitioner to pay respondent No.2 a sum of ₹2,000/- till he attains age of seven years, thereafter ₹4,000/- till he completes 15 years of age and thereafter ₹5,000/- until he attains the age of majority apart from paying educational expenses. 5. Learned counsel for the petitioner submits that petitioner has no grievance so far as payment of maintenance to respondent No.2 is concerned as ordered by the Family Court. Learned counsel submits that petitioner herein filed a petition under Section 9 of the Hindu Marriage Act against respondent No.1 seeking restitution of conjugal rights. The Court allowed the said petition and thereby directed respondent No.1 to join the petitioner within 30 days and to lead happy marital life. Learned counsel submits that respondent No.1 failed to join the petitioner as ordered and therefore petitioner is not liable to pay any maintenance to respondent No.1. - 5 - HC-KAR NC: 2026:KHC:6209 RPFC No. 29 of 2023 6. The order rendered by the Court of II Additional Principal Judge, Family Court, Mysuru in M.C.No.511/2024 dated 30.11.2024 reveals that the petitioner herein filed a petition against respondent No.1 herein seeking restitution of conjugal rights. Though notice was served upon respondent No.1 herein, she did not choose to contest the matter. Considering the evidence brought on record the Court allowed the application and consequently directed respondent No.1 to join the petitioner. On a query posed by this Court to the counsel representing respondent No.1 as to why respondent No.1 did not join the petitioner as ordered by the Family Court, learned counsel submits that due to fear respondent No.1 did not join. Learned counsel did not state that respondent No.1 is not aware of the order of the Family Court directing her to join the petitioner. Also it is not the case of respondent No.1 that she challenged the order passed by the Court of II Additional Principal Judge, Family Court, Mysuru in M.C. No.511/2024 by which she was directed to join the - 6 - HC-KAR NC: 2026:KHC:6209 RPFC No. 29 of 2023 petitioner. Thus, it has to be inferred that though an order was passed against respondent No.1 and a direction was issued to her to join the petitioner and though she has knowledge of passing such an order and though she has not challenged the said order, she failed to join the petitioner. Through the impugned order i.e. the order in Criminal Miscellaneous Case No.606/2020, the Court directed the petitioner herein to pay respondent No.1 a sum of ₹8,000/- per month towards maintenance during her lifetime or till the respondent takes her back to the matrimonial home. 7. Here is a case where the petitioner/ respondent has expressed his readiness and willingness to take back respondent No.1 to marital fold and a direction was issued to respondent No.1 by the competent Court to join the petitioner as well. However, she failed to join. Therefore, this Court is of the view that respondent No.1 is entitled to maintenance as ordered through impugned order only till - 7 - HC-KAR NC: 2026:KHC:6209 RPFC No. 29 of 2023 the date of order in M.C.No.511/2024 by which she was directed to join the petitioner herein. 8. Hence, the revision petition is disposed of with the following: ORDER i. The revision petition is allowed in part. ii. The order rendered by the Court of II Additional Principal Judge, Family Court, Mysuru, in Criminal Miscellaneous Case No.606/2020 dated 06.01.2022, so far as respondent No.2 is concerned, is confirmed. iii. So far as grant of maintenance in respect of respondent No.1 is concerned, respondent No.1 is entitled for monthly maintenance of ₹8,000/- from the date of petition in Criminal Miscellaneous Case No.606/2020 till the date of order in M.C.No.511/ 2024 i.e. till 30.11.2024 only. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 43